DMCA
Tez Qadam respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for responding to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
Important: This policy applies to all content generated, shared, or distributed through our AI Builder platform.
What is the DMCA?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a framework for copyright holders to request removal of infringing content from online platforms.
| Key Concept | Definition | Application to Tez Qadam |
|---|---|---|
| Safe Harbor | Protection for platforms that comply with DMCA | We follow proper procedures to maintain protection |
| Takedown Notice | Formal request to remove infringing content | We respond to valid notices promptly |
| Counter-Notice | Response from user claiming content is not infringing | We provide due process for disputed claims |
| Repeat Infringer | User with multiple infringement claims | We may terminate access for repeat offenders |
Our Commitment
Tez Qadam is committed to:
- ✅ Respecting copyright holders’ rights
- ✅ Providing due process for all parties
- ✅ Responding promptly to valid DMCA notices
- ✅ Educating users about copyright compliance
- ✅ Maintaining DMCA safe harbor protections
Copyright Infringement Claims
What Constitutes Copyright Infringement?
Copyright infringement occurs when someone uses copyrighted material without permission in a way that violates the copyright holder’s exclusive rights.
| Infringement Type | Examples in AI-Generated Code | Risk Level |
|---|---|---|
| Direct Copying | Copying exact code snippets from copyrighted software | High |
| Substantial Similarity | Creating very similar applications to copyrighted works | Medium |
| Trademark Usage | Using protected logos or brand names in generated content | High |
| Licensed Content | Using proprietary images, fonts, or media without license | High |
Common Copyright Issues with AI-Generated Content
⚠️ Potential Issues:
- AI training data may include copyrighted material
- Generated code might inadvertently resemble existing copyrighted works
- Users might request generation of copyrighted game mechanics or designs
- Incorporation of protected brand elements in generated applications
✅ Our Safeguards:
- Clear acceptable use policies
- User education about copyright compliance
- Prompt response to valid takedown requests
- Cooperation with copyright holders
Filing a DMCA Takedown Notice
When to File a Takedown Notice
You should file a DMCA takedown notice if:
- You own copyright in the allegedly infringed work
- You have identified specific infringing content on our platform
- The use is not authorized by you, your agent, or the law
- You have a good faith belief that the use is infringing
Required Elements of a Valid DMCA Notice
Your notice must include ALL of the following:
| Required Element | Description | Example |
|---|---|---|
| 1. Identification of Copyrighted Work | Describe the work you claim is being infringed | “My copyrighted mobile game ‘Space Adventure’ published in 2024” |
| 2. Identification of Infringing Material | Specific URL or description of where infringement appears | “Generated code at [specific URL] or description of generated content” |
| 3. Contact Information | Your name, address, phone, email | Full contact details for communication |
| 4. Good Faith Statement | Statement that you believe use is not authorized | “I have a good faith belief that the use is not authorized” |
| 5. Accuracy Statement | Statement that information is accurate | “The information in this notice is accurate” |
| 6. Authority Statement | Statement that you’re authorized to act | “I am authorized to act on behalf of the copyright owner” |
| 7. Physical or Electronic Signature | TezQadam | Typed name for electronic signature |
Timeline and Actions
| Step | Timeframe | Action |
|---|---|---|
| 1. Notice Received | Immediate | Log and acknowledge receipt |
| 2. Initial Review | 24-48 hours | Verify notice meets DMCA requirements |
| 3. Content Review | 2-3 business days | Assess claimed infringement |
| 4. Action Taken | 3-5 business days | Remove content or request clarification |
| 5. Notification | Within 1 business day of action | Notify affected parties |
What Happens After We Receive Your Notice
If Your Notice is Valid:
- We will promptly investigate the claimed infringement
- If infringement is confirmed, we will remove or disable access to the content
- We will notify the user who generated the content
- We will provide the user with your DMCA notice (minus your address and phone)
If Your Notice is Incomplete:
- We will contact you to request missing information
- Processing will be delayed until notice is complete
- No action will be taken on incomplete notices
Content Removal Process
For Generated Code:
- Code will be made inaccessible if hosted on our platform
- User will be notified of the takedown
- Detailed reasoning will be provided
- Counter-notice process will be explained to user
Counter-Notification Process
When Users Can File a Counter-Notice
Users may file a counter-notice if they believe:
- The content was removed due to mistake or misidentification
- They have the right to use the copyrighted material
- The original DMCA notice was invalid or inaccurate
- The use qualifies as fair use
Required Elements of Counter-Notice
| Required Element | Description |
|---|---|
| Identification of Removed Content | Describe the content that was removed |
| Location Information | Where the content appeared before removal |
| Good Faith Statement | Belief that content was wrongly removed |
| Consent to Jurisdiction | Agreement to federal court jurisdiction |
| Contact Information | Name, address, phone number |
| Physical or Electronic Signature | Valid signature required |
Counter-Notice Process
- User Submits Counter-Notice – Must include all required elements
- We Review Counter-Notice – Verify it meets legal requirements
- Forward to Copyright Claimant – Send copy to original complainant
- 10-Business Day Waiting Period – Required by DMCA
- Restore Content – If no court action filed, content may be restored
Repeat Infringer Policy
Three-Strike Policy
| Strike | Action | Duration |
|---|---|---|
| First Strike | Warning and education | Permanent record |
| Second Strike | Temporary access restriction | 30-90 days |
| Third Strike | Permanent termination | Indefinite |
What Constitutes a Strike
- Valid DMCA takedown resulting in content removal
- Confirmed copyright infringement through other means
- Failure to respond to infringement notices appropriately
- Repeated violations despite warnings
Appeals Process
Users may appeal strikes by:
- Providing evidence of authorization to use copyrighted material
- Demonstrating fair use or other legal exceptions
- Showing the DMCA notice was invalid or fraudulent
- Filing successful counter-notices
Safe Harbor Provisions
DMCA Safe Harbor Protection
Tez Qadam qualifies for DMCA safe harbor protection because we:
| Requirement | Our Compliance |
|---|---|
| Designated Agent | Registered DMCA agent with Copyright Office |
| Notice and Takedown | Established procedures for responding to notices |
| No Actual Knowledge | No prior knowledge of specific infringement |
| No Financial Benefit | No direct financial benefit from infringing activity |
| Repeat Infringer Policy | Clear policy for handling repeat offenders |
Limitations of Safe Harbor
Safe Harbor Does Not Protect Against:
- Direct infringement by Tez Qadam itself
- Willful blindness to obvious infringement
- Failure to follow proper DMCA procedures
- Inducing or encouraging infringement
False Claims and Penalties
Consequences of False DMCA Claims
Under Federal Law (17 U.S.C. § 512(f)):
- False claims may result in liability for damages
- Claimants may be required to pay attorney fees
- Perjury charges possible for knowingly false statements
- Civil liability for material misrepresentations
What Constitutes a False Claim
| False Claim Type | Description | Potential Penalty |
|---|---|---|
| Knowingly False Information | Intentionally providing incorrect details | Civil damages and attorney fees |
| Bad Faith Claims | Filing takedowns to harass or silence users | Monetary damages |
| Misrepresentation of Ownership | Claiming copyright you don’t own | Federal perjury charges |
| Abuse of Process | Using DMCA for non-copyright purposes | Civil liability |
Our Response to False Claims
When We Identify Potential False Claims:
- We document the questionable aspects
- We may request additional verification
- We reserve the right to ignore invalid notices
- We may report serial false claimants to authorities
Education and Prevention
User Education
We Help Users Avoid Infringement By:
- Providing clear acceptable use guidelines
- Explaining copyright basics in our Terms of Service
- Offering examples of appropriate and inappropriate requests
- Linking to educational resources about fair use
Best Practices for Users
| Practice | Description | Why It Matters |
|---|---|---|
| Original Ideas | Create truly original concepts | Avoids any infringement risk |
| Public Domain | Use only public domain elements | No copyright restrictions |
| Fair Use Understanding | Learn fair use principles | Legitimate use of copyrighted material |
| License Compliance | Respect all license terms | Avoid unexpected legal issues |
International Considerations
Non-US Copyright Laws
While our DMCA policy follows US law, we respect international copyright protections:
| Region | Relevant Law | Our Response |
|---|---|---|
| European Union | EU Copyright Directive | Comply with takedown requests |
| Canada | Copyright Act | Honor valid removal requests |
| Australia | Copyright Act 1968 | Follow established procedures |
| Global | Berne Convention | Respect international copyright standards |
Filing from Outside the US
International copyright holders can:
- File DMCA notices following US procedures
- Reference their home country copyright registrations
- Use local legal counsel familiar with US law
- Expect same response as US copyright holders
Contact Information
DMCA Designated Agent
For All Copyright-Related Matters:
📧 Email: dmca@tezqadam.com
Contact Methods by Issue Type
| Issue Type | Contact Method | Response Time |
|---|---|---|
| DMCA Takedown Notice | dmca@tezqadam.com | 24-48 hours |
| Counter-Notice | dmca@tezqadam.com | 24-48 hours |
| General Copyright Questions | legal@tezqadam.com | 3-5 business days |
| Repeat Infringer Appeals | appeals@tezqadam.com | 5-7 business days |
Required Information for All Communications
Please Include:
- Clear subject line identifying the type of request
- Your full contact information
- Reference to specific content or case
- Any relevant case numbers or previous correspondence
Frequently Asked Questions
General Questions
Q: Does DMCA apply to AI-generated content?
A: Yes, if AI-generated content infringes existing copyrights, DMCA procedures apply. However, the legal landscape for AI-generated content is still evolving.
Q: Can I file a DMCA notice for content similar to mine?
A: DMCA applies to copyright infringement, not similarity. You must show that your specific copyrighted work has been copied.
Q: How long does the DMCA process take?
A: We aim to process valid notices within 3-5 business days. Counter-notices have a 10-business-day waiting period required by law.
Technical Questions
Q: What if the infringing content has already been downloaded?
A: We can only control content on our platform. Users who downloaded content before removal may still have copies.
Q: Can I request information about users who generated infringing content?
A: We provide limited information as required by DMCA, but protect user privacy where legally permitted.
Legal Questions
Q: Do I need a lawyer to file a DMCA notice?
A: No, but legal advice is recommended for complex cases. False claims can result in legal liability.
Q: What if I’m not sure if something infringes my copyright?
A: Consult with a qualified attorney before filing a DMCA notice. Uncertain claims may be considered bad faith.
Updates and Changes
Policy Updates
| Change Type | Notification Method | Timeline |
|---|---|---|
| Legal Requirements | Immediate update with notice | As legally required |
| Process Improvements | 30-day advance notice | Regular review cycle |
| Contact Information | Immediate update | As changes occur |
Staying Informed
- Check tezqadam.com for policy updates
- Subscribe to our legal notices (if available)
- Follow changes to US copyright law
- Monitor DMCA best practices developments
Legal Assistance
For Complex Copyright Issues:
- Consult with qualified intellectual property attorneys
- Contact local bar association for referrals
- Consider legal aid organizations for low-cost assistance
- Review relevant case law for your situation
Findings
Tez Qadam is committed to respecting copyright holders’ rights while providing a platform for creative expression through AI-generated code. This DMCA policy ensures we maintain proper legal compliance while offering due process to all parties.
Key Takeaways:
- ✅ We respond promptly to valid DMCA notices
- ✅ We provide due process for all parties involved
- ✅ We maintain clear procedures and timelines
- ✅ We educate users about copyright compliance
- ✅ We protect against false claims and abuse
Questions about this policy? Contact our DMCA agent at dmca@tezqadam.com for clarification or assistance.
This DMCA policy is designed to comply with US copyright law while protecting the interests of copyright holders, users, and Tez Qadam. For the most current version, always refer to tezqadam.com.